Gilmartin v. Helmsley-Spear, Inc.

Order, Supreme Court, Bronx County (Anita Florio, J.), entered November 9, 1989, which, inter alia, denied defendants’, Helmsley-Spear, Inc. and Parkchester Management Corp., motion and defendant Burns International Security Service, Inc.’s cross motion for summary judgment to dismiss plaintiff’s complaint, unanimously affirmed, with costs.

Negligence cases by their nature do not usually lend themselves to summary judgment (Ugarriza v Schmieder, 46 NY2d *276471, 474) and this case falls within that principle. The mere existence of an intervening criminal act by a third person will not…